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Choice of Visa and Immigration

Foreword

After obtaining licenses for the company, the next order of business is employee recruitment. Issues such as how to apply for employee work visas or even permanent residence applications (immigration) need to be considered. Professional start-up consultant EG from Start-Up Guide provides some detailed answers covering the types of visas available to foreigners, visa application process, address and contact details of the application center for foreigner’s work permit, and the requirements, process and fee rates for immigration applications.

Reading Guide

• Work visas
• Types of visas and their application requirements
• Work classifications for foreigners
• Process flow for visa application
• Immigration (applying for permanent residence permit for the first time)

Victoria Margaret Melia

Nationality: UK
Number of years in Shenzhen3
Date established Start-up 2018 
Profession : Music
Hobbies : Travelling
Favorite foodLanzhou Noodles

Company vision
 
I’ve been incredibly passionate about writing and editing since I was a child, and this is reflected in my works. Through visiting various exhibitions in Shenzhen, I realized that many Chinese companies were doing amazing things but were hampered by a lack of understanding of Western culture and the language barrier. These were real gaps that needed to be filled. Based on market research, I found that there were almost no professional agencies in Shenzhen offering this kind of services. Shenzhen is a business hub, and more companies are looking to conduct business internationally. With my in-depth understanding of Chinese culture, and my many years of experience in content marketing, printing and online publishing, I believed my company could provide businesses in China with effective and reliable strategies and services to help them expand their operations overseas.

Victoria obtained a two-year China business (M) visa when she was in the UK. To enable herself to stay longer and develop her business in Shenzhen, Victoria met with professional start-up consultant EG from Start-Up Guide to learn more about how to apply for a Foreigner’s Work Permit.
 
Professional start-up consultant EG from Start-Up Guide introduced Victoria to the types of visas available to foreigners and the application requirements for work permits.

Visa (Foreigner's Visa)

Relevant Authority: Shenzhen Science and Technology Innovation Commission

1. Classification of Visas

Types of Visas Scope of Applicants
C Crew members on international aviation and sea transportation, crew members of international aircrafts and vessels, and their accompanying family members, and drivers for land transportation
D Foreigners intending to live in China permanently
F Foreigners invited to China for exchange, official visits, research study, etc.
G Foreigners transiting through Chinaa
J1 Foreign journalists posted to news organizations in China for a long term (more than 180 days)
J2 Foreign journalists who are on temporary interview assignments in China for a short term (not more than 180 days)
L Tourists visiting China
M Foreigners visiting China for business or trade purposes
Q1 Family members (spouse, parents, children, children's spouses, siblings, paternal grandparents, maternal grandparents, paternal grandchildren, maternal grandchildren, and in-laws) of Chinese citizens or permanent residents of China who are applying for residency for the purpose of family reunion, or those applying for the purpose of child fostering
Q2 Family members of Chinese citizens or permanent residents of China intending to stay in China short-term (not more than 180 days) to visit family
R Highly-qualified talent, and talent urgently needed in China
S1 Spouses, parents, children below the age of 18, and in-laws of foreigners residing in China for work or study, who intend to stay for a long term (more than 180 days) to visit family, or for any other personal reasons that require them to be in China
S2 Family members (spouses, parents, children, children's spouses, siblings, paternal grandparents, maternal grandparents, paternal grandchildren, maternal grandchildren, and in-laws) of foreigners residing in China for work or study, who intend to stay short-term (not more than 180 days) to visit family, or for any other personal reasons that require them to be in China
X1 Foreign students whose period of study is more than 180 days
X2 Foreign students whose period of study is not more than 180 days
Z Foreigners employed in China

2. Criteria for work permit application

(1) Basic requirements for employers
1. That the hiring organization has been incorporated legally in China and has not had any record of serious breach of trust; that the job position for which the foreigner is being employed is especially needed, for which no suitable candidates can currently be found locally, and that it complies with national laws and regulations; that the wage or salary paid to the foreigner employed must meet the local minimum wage requirement.
2. If it is required by laws and regulations that the employment must be approved at the outset by the supervisory authority for the industry, such approval must first be obtained.
 
(2) Basic requirements for applicants
1. Applicants must be of 18 years of age, healthy, and not hold any criminal record. They must have a confirmed employer in China, and possess the professional skills or corresponding level of knowledge and expertise required for the job concerned.
2. The applicant's job serves the economic and social development needs of the country, and he or she is a professional urgently needed in China.
3. Any other requirements otherwise specified by the laws and regulations with regard to foreigners intending to work in China shall also apply.

3. Work classifications for foreigners

1. Top foreign talent (Tier A)
Top foreign talent refers to scientists, leading technology talent, international entrepreneurs, and specialized experts that meet the requirements of "high-end, specialized and urgently needed" talent, themarket demands, and the economic and social development needs of China, as well as talent who have accumulated the requisite score points to be considered top foreign talent.There are no restrictions on top foreign talents in terms of age, academic qualifications or work experience. The specific requirements are stated in the Work Classifications for Foreigners (Trial).
 
2. Foreign professional talent (Tier B)
Foreign professional talent refers to individuals who fulfill the requirements of the guiding directory for foreigners' work and the demand for the relevant job position, and who are urgently needed for the economic and social development needs of China. They must possess at least a Bachelor's degree and a minimum of two years of relevant work experience, and must not be more than 60 years of age. Restrictions in terms of age, qualifications or work experience may be loosened for talent who are urgently needed, who meet the criteria for innovation enterprises, professional skills, outstanding foreign graduates, or have earned the requisite score points to be considered foreign professional talent, or other criteria agreed between governments. The specific requirements are stated in the Work Classifications for Foreigners (Trial) Any other requirements otherwise specified by the laws and regulations with regard to specialized professionals and government project personnel shall also apply.
 
3. Others (Tier C)
These refer to other foreigners who meet the demands of the domestic labor market in China and other national policy requirements. The specific requirements are stated in the Work Classifications for Foreigners (Trial).

Application Guide for Foreigner’s Work Permit (English version)

Tips: What are the differences between Tier A, B and C applications?
1) The documents required
Some of the application documents required for a Tier A work permit can be furnished by way of commitment, and documents such as proof of qualifications and absence of criminal record do not need to be notarized, where only a letter of commitment signed by the applicant is required. The proof of qualifications and absence of criminal record for Tier B and C applications must be notarized.
 
2) Validity period for work permit
Usually a Tier B and C work permit lasts for only a year. The longest validity period for a Tier A work permit is five years.
Note: If an applicant has worked for two years on a job, he or she can apply for a two-year work permit in the third year. Based on our experience, the chances of approval for such applications are relatively high.
 
3) Processing time
Compared to Tier B and C, the processing time for a Tier A work permit application has been reduced to five working days.

To find out more details about the work permit framework for foreigners, please scan the following QR codes:


With the rapid spread of COVID-19 around the world, China has decided to suspend the entry of foreigners with valid visas and residence permits to China from 0:00 on 28 March 2020. China will adjust the above measures according to the epidemic situation and announce separately.

Ministry of Foreign Affairs of the People’s Republic of China National Immigration Administration Announcement on the Temporary Suspension of Entry by Foreign Nationals Holding Valid Chinese Visas or Residence Permits


According to the current situation of novel coronavirus pneumonia epidemic and the need for prevention and control, we hereby adjust some measures in the Announcement on Temporary Suspension of Entry by Foreigners holding Valid Chinese Visas and Residence Permits jointly issued by the Ministry of Foreign Affairs and the National Immigration Administration on March 26, 2020 as follows:

From 0:00 on September 28, 2020, foreigners with valid Chinese residence permits for work, private affairs and family reunion will be allowed to enter China without the need to apply for new visas.


4.  Process flow for foreigner’s work permit application in China (for a period of work in China of 90 days or longer)

Source: Guangdong government services website
Application website: Service System for Foreigners Working in China (https://fwp.safea.gov.cn)


Victoria communicated with professional start-up consultant EG(Express delivery is available) from Start-Up Guide on the current situation of the company, and shared that she intends to hire employees for a period of at least one year.

Based on what you have told me, you should be opting for the application process for an employer hiring a foreigner to work in China (for a period of work in China of 90 days or longer). It is the process flow I have shown you earlier: ① The employer or appointed agency registers for an account on the Service System for Foreigners Working in China, submit the permit application online, and print the Notice of Foreigner’s Work Permit online; ② The foreigner applies for a Z visa or R visa at an embassy or a consulate of the People’s Republic of China by bringing the Notice of Foreigner’s Work Permit and other required documents; ③ Within 15 days of the foreigner entering China using a valid visa, the employer shall apply for the Foreigner’s Work Permit, and collect the permit at the local administration department for foreigners working in China. Please note that within 30 days of a foreigner entering China using a valid visa, he or she must apply for the relevant work approvals and permits at the exit and entry administration of the local public security bureau where the employer is located.

5. Address and contact details of the application center for foreigner’s work permit
 
Address: Administrative Services East Hall, Zone B, Civic Center, Fuzhong 3rd Road, Futian District, Shenzhen
Application counters: No. 55-57
Telephone enquiry: 0755-88121678
Directions:
(Bus) 
1. Civic Center stop: Route 38, 60, 107, 236, 398 and m123; 
2. Civic Center East stop: Route 34, 38, 41, 60, 64, 371 and 398 etc...
(Metro) 
1. Civic Center station: Shekou Line 2 (Exit E), Longhua Line 4 (Exit B); 
2. Children’s Palace station: Longgang Line 3, Longhua Line 4 (Exit D, A1 and A2).
 
Now that her work permit issues have been addressed, Victoria is thinking that since a work permit only provides at most a five-year validity period, if she wants to stay in China for the long term, she should consider applying for a permanent resident card.

Immigration

Relevant Authority: Shenzhen Municipal Public Security Bureau

(1) Application requirements
Foreigners applying for permanent residency in China must comply with the laws of China, be in good health, hold no criminal record, and meet one of the following criteria:
 
1. Having direct investments in China with good performance for a consecutive three years, and having a good tax payment record;
2. Holding the position of a deputy general manager, deputy factory manager or any other similar position, or an associate professor, a research associate or any other deputy senior position in China, and receiving equivalent benefits, on a continuous tenure of more than four years, with a cumulative period of residency of not less than three years and having a good tax payment record;
3. Foreigners who have made significant and outstanding contributions to China and are urgently needed by the country;
4. Spouses and unmarried children not older than 18 years old of individuals referred to in item 1, 2 and 3 above;
5. Spouses of Chinese citizens or foreigners who have permanent residency in China, having been in the marriage for at least five years, having resided in China continuously for five years, during which no less than nine months each year is spent in China, and having a stable means of living and residence;
6. Unmarried children of a foreign nationality no older than 18 years who are looking to depend on their parents in mainland China;
7. Individuals of 60 years of age or above, who do not have direct relations outside China and are looking to depend on direct relations in China, having resided in China continuously for five years, during which time no less than nine months each year is spent in China, and having a stable means of living and residence.

Furthermore, foreigners meeting the following criteria may also apply for permanent residency (immigration):
 
1. Foreign members of innovative enterprise teams in Shenzhen and foreign technology talent selected and employed by enterprises;
2. Foreign ethnic Chinese working in Shenzhen;
3. Foreigners whose annual salary income and personal income tax meet the relevant standards;
4. Foreigners who are appointed personnel, their spouses, and their children who are minors (appointed personnel and family category); 
5. Foreigners who are special personnel, their spouses, and their children who are minors (special personnel category);
6. Foreigners looking to depend on family members with household registration in Shenzhen (dependents category);
7. Top foreign talent who has worked for a full three years;
8. Foreigners who are minors looking to reunite with parents in Shenzhen (family reunion category);
9. Foreigners having investments in China, their spouses, and their children who are minors (investors and family category);
10. Foreigners who married an individual with household registration in Shenzhen;
11. High-level foreign talents, their spouses and their minor children (recommended by the Office of China (Guangdong) Pilot Free Trade Zone or Shenzhen Municipal People's Government)
For more details please scan the QR code (English version)


(2) Application process flow


(3) Fee rates
1. Processing fee: RMB 1500; (non-refundable even if application is rejected)
2. Fee for Foreigner's Permanent Resident Card: RMB 300.

[Tips]
1. Documents of proof issued by foreign authorities must be notarized by the Chinese embassy or consulate in that country.Documents in a foreign language must be translated into Chinese, and the translation document and the photocopy of the business license of the translation company must be stamped with the seal of the translation company.
2. If the applicant wants their Chinese name typed on the Foreigner's Permanent Resident Card, they must specify "please include Chinese name XXX on the card" in the "Other Details" section on the application form, otherwise it may be filled in as "N/A".
3. If any matter requires investigation and verification by the public security authorities, the period of investigation shall not include working days. Currently, the time required to process a permanent residency application is around one year.

For visa or immigration-related queries, you may contact the following five organizations directly:
 
1. Bureau of Exit and Entry Administration of the Shenzhen Municipal Public Security Bureau
 Address: General Counter of the Exit and Entry Services Hall, Shenzhen Municipal Administrative Services Hall, No. 4016, Jiefang Road, Luohu District, Shenzhen
 Tel No.: 84465490
2. Management Committee of Shenzhen's Qianhai Shekou Free Trade Zone
Address: Integrated Office for the Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone, South of Intersection of Dongbin Road and Yueliangwan Boulevard, Nanshan District, Shenzhen
Telephone enquiry: 960090
3. Foreign Experts and Science and Technology Talent Service Department of Shenzhen Science and Technology Innovation Commission
Address: Shenzhen Talent Park, No. 8005, Shennan Boulevard, Futian District, Shenzhen
Telephone enquiry: 88123456
4. Overseas Chinese Affairs Office of Shenzhen
Address: 6th - 7th Floor, Second Municipal Government Office, No. 1023, Shangbu Middle Road, Futian District, Shenzhen
Telephone enquiry: 88136167
5. Shenzhen Port Hospital
Address: Huanggang Port Residential Area, Binhe Boulevard, Fujian District, Shenzhen
Telephone enquiry: 83774013
 
After learning the information above, Victoria concludes that she is not eligible yet for permanent residency status, therefore she decides to apply for a Foreigner’s Work Permit.